The University of California, Los Angeles campus on Sept. 5, 2023. The Justice Department sued California in federal court on Nov. 20, 2025, claiming that providing in-state college tuition to unauthorized students is illegal and discriminates against Americans from out of state who pay higher rates. (Alisha Jucevic/The New York Times)
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The Justice Department sued California in federal court Thursday, claiming that providing in-state college tuition to students lacking permanent legal status is illegal and discriminates against Americans from out of state who pay higher rates.
The complaint, filed in the U.S. District Court for the Eastern District of California, is the latest action by the Trump administration against California. It is the third lawsuit filed by the Justice Department against the state in a week, Attorney General Pam Bondi said in a statement.
“Federal law prohibits aliens illegally present in the United States from receiving in-state tuition benefits that are denied to out-of-state U.S. citizens,” the government said in the complaint. “There are no exceptions.”
The complaint refers to California’s exemption from out-of-state rates for applicants, including students living in the country illegally, who have graduated from the state’s high schools or meet education requirements at other institutions in the state. It asks the court to declare this rule unconstitutional and invalid, and to bar the defendants from enforcing it.
Gov. Gavin Newsom of California; Rob Bonta, the state’s attorney general; the University of California system; and California Community Colleges are listed among the defendants.
Rachel Zaentz, a University of California spokesperson, said it followed state and federal laws regarding eligibility for in-state tuition, financial aid and scholarships.
“While we will, of course, comply with the law as determined by the courts, we believe our policies and practices are consistent with current legal standards,” she said.
The rules targeted by the complaint affect thousands of students lacking permanent legal status in California’s colleges and universities. The California Community Colleges system, with 116 campuses, is one of the largest in the country. Like the University of California system, it says it does not discriminate on the basis of an applicant’s immigration status.
California is not the first state to be targeted by the Trump administration over tuition benefits for students living in the country illegally. The Justice Department has filed similar suits against Illinois, Kentucky, Texas, Minnesota and Oklahoma. The department noted its actions followed Trump executive orders this year barring those not in the country legally from receiving taxpayer benefits or preferential treatment.
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This article originally appeared in The New York Times.
By Qasim Naurman/Alisha Jucevic
c. 2025 The New York Times Company
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